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Gala Volunteer Liability Waiver

This Volunteer Liability Waiver and Agreement ("Agreement") is made and entered into by and between Plant With Purpose ("Organization") and the undersigned volunteer ("Volunteer"). 

By signing below, I acknowledge that signing this Agreement is in consideration of my participation as a volunteer, and confirm my understanding of and agreement to the following terms:

  1. Purpose and Non-Employee Status. I am participating as a volunteer for the Organization voluntarily and without coercion, as an act of public service. I understand that (a) I am not an employee of the Organization, (b) I will not be paid for my participation, and (c) I am not covered by or eligible for any Organization insurance, health care, worker’s compensation, or other benefits in exchange for my time and services.
  2. Code of Conduct. I will comply with all policies, safety rules, conduct expectations, and other directions. I will conduct myself in a respectful, professional, and safe manner at all times. I understand that the Organization does not tolerate bullying, harassment, threatening behavior, or violence of any kind. 
  3. Risks Associated with Volunteering. I understand that volunteering may involve risks of injury, illness, death, property damage, or loss, and that they may arise from my own actions or from the actions of others.
  4. Awareness and Assumption of Risk. I understand the information above, and confirm and acknowledge that these are risks associated with volunteering. With such information and awareness, and with the recognition that other factors may create additional such risks, I knowingly, freely, and voluntarily: (a) sign up to volunteer for the Organization; (b) engage in volunteer activities; and (c) assume and accept the risks of all injury, death, property damage or loss, financial obligation, loss of privacy, loss of reputation, and all other injuries and other consequences, whether known or unknown, whether foreseen or unforeseeable, and whether incurred at the Organization facilities or elsewhere, that may result, directly or indirectly, from my presence at the Organization facilities or participation as the Organization volunteer, regardless of the cause.
  5. Waiver and Release. I waive and release the Organization and its directors, officers, agents, employees, volunteers, and affiliates (collectively, “the Organization Parties”) from any and all liability, claims, costs, and expenses of any kind and of whatever nature which I or my heirs, next of kin, or legal representatives may have or which may later accrue, caused by or arising directly or indirectly from my presence at the Organization facilities or participation in the Organization activities. This release and waiver includes, in each such case, all claims in respect of the risks noted above, known and unknown, foreseen and unforeseeable, regardless of the cause or whether such claims arise from tort, contract, or otherwise, and even if caused by negligence, whether passive or active. I will not sue any of the Organization Parties on the basis of these waived and released claims, and I agree to hold harmless and indemnify the Organization Parties from any claims brought by third parties arising out of my actions while volunteering. I waive the protections of Section 1542 of the California Civil Code.
  6. Medical Care Authorization. I understand that I am responsible for knowing my own physical condition and have informed the Organization of any conditions that may affect my health and safety while volunteering. In the event of a medical emergency, I consent to emergency medical treatment and first aid as needed, and to the Organization sharing my information with health professionals or first responders if I become ill or injured while volunteering. I further authorize the Organization to arrange for medical assistance, transportation, and emergency services if needed. I understand that I am solely responsible for any costs related to my medical treatment and transport and that the Organization does not provide health, medical, disability, or other insurance coverage for me. I also understand that the Organization may contact my emergency contact in case of an emergency.
  7. Confidentiality. I understand that during my volunteer work, I may have access to confidential or proprietary information about the Organization and its stakeholders. At all times during and after my participation, I agree to maintain the confidentiality of such information and not disclose or use it except as the Organization expressly authorizes.
  8. Photo and Recordings Grant. I understand that the Organization may take photos or videos of me. I consent to use by the Organization of my image, voice, name, and story (collectively, “Materials”), in the Organization’s digital and print promotional, fundraising, educational, and other communications. The Organization may use the Materials without obtaining my approval or paying me for such use. I grant the Organization all copyrights in and waive any legal claims relating to the Materials, including those relating to copyright, rights of publicity or privacy, or defamation, or arising from any distortion, blurring, or alteration that may occur in the making, editing, or use of the Materials. 

General Provisions. I understand that this Agreement will be binding for so long as I am a volunteer at the Organization. This Agreement will run in favor of, and may be enforced by, each of the Organization Parties, and will bind my heirs, next of kin, and legal representatives. This Agreement will be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the other terms remain effective. This Agreement will be governed by California law.

I affirm that I am of legal age and able to sign on my own behalf and am freely signing this Agreement. I have read this Agreement and fully understand that by signing this Agreement, I am giving up legal rights and remedies that may be available to me and to other persons.

Electronic Signature Consent. I understand that my electronic signature is legally binding under applicable state and federal laws, including the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.), and that by signing electronically, I agree to the terms outlined above.

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